After the Wall Street Journal editorial board took to task Sen. Josh Hawley, R-Mo., earlier this year for asking substantive due process questions of a Republican judicial nominee, George Mason law professor David Bernstein decided to take his turn this week, setting his sights on Sen. Mike Lee, R-Utah.

Both the Wall Street Journal and Bernstein took issue with these senators, whose constitutional role requires them to vet nominees, for asking these nominees serious policy and legal questions, instead of just rubber-stamping them.